Gujarat Court December 1987 Judgments
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B.S. Marve and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Dec-14-1987
Reported in: (1988)1GLR325
A.M. Ahmadi, J.1. The petitioners were directly recruited as Government Labour Officers (GLO) in the Office of the Labour Commissioner, Gujarat State, sometime in 1971 after being interviewed by the Gujarat Public Service Commission. Their appointments were scrutinised and confirmed by an order dated 6th May, 1983, Annexure 'A' to the petition. Under the Gazetted Officers' (Pre-Service Training and Examination) Rules 1970 (1970 Rules hereafter), the petitioners were required to go for pre-service training and examination which they admittedly did not undertake. The petitioners, however, contend that all the petitioners were always ready and willing to go for such training and examination and one of them, the petitioner No. 1, had actually applied for the same, vide Annexure 'B' to the petition. When the question of their pre-service training and examination cropped up, the Government issued a resolution dated 16th February, 1984, Annexure 'C, staring that in view of the long experience...
Hasmukhlal Raichand Shah Vs. Arvindbhai Mohanlal Kapadia
Court: Gujarat
Decided on: Dec-14-1987
Reported in: (1988)2GLR1442
M.B. Shah, J.1. The only question which calls for determination in this revision application is whether the acquisition of a residential accommodation by a wife of a tenant who resides with her husband would be covered by the provisions of Section.2. 13(1)(1) of the Bombay Rents, Hotel and Lodging House Rates Control Act 947, hereinafter referred to as the 'Bombay Rent Act'. Section 13(1)(1) reads as under:13. (1) Notwithstanding anything contained in this Act but subject to the provisions of Section 15, a landlord shall be entitled to recover possession of any premises if the Court is satisfied.(1) that the tenant after coming into operation of this Act has built, acquired vacant possession of or been allotted a suitable residence.3. In this case the plaintiff-landlord had filed Regular Civil Suit No. 286 of 1984 in the Court of the Civil Judge (J.D.), Ankleshwar, for recovering the possession of a suit house on the ground that the defendant had acquired suitable alternative residenti...
P.i. Shukla and anr. Vs. Tribhovandas Hargovandas and ors.
Court: Gujarat
Decided on: Dec-10-1987
Reported in: (1988)69CTR(Guj)185; (1988)1GLR676; [1988]173ITR624(Guj)
G.T. Nanavati, J.1. Petitioner No. 1 is a Tax Recovery Officer; and petitioner No. 2 is the Union of India. represented by the Commissioner of Income-tax, Gujarat. They are challenging in this revision application the order dated June 27, 1983 passed below, exhibit 20, in Execution Application No. 732 of 1979 by the learned judge of the City Civil Court, Ahmedabad. Opponents Nos. 1 to 3, who are judgment-creditors and trustees of Hargovandas Laxmichand Charity Trust, filed Civil Suit No. 3497 of 1976 in the City Civil Court at Ahmedabad against opponents Nos. 4 to 7 (judgment-debtors) for recovering Rs. 6,55,817.25 together with interest at the rate of 12 per cent. per annum and costs by selling properties given under equitable mortgage by the judgment-debtors to the judgment-creditors in the year 1971. The said suit was decreed on August 20, 1978. According to the final decree, the decretal amount has to be paid by the judgment debtors by half-yearly instalments of Rs. 75,000. It is f...
Amu Mavji Khavas Vs. State of Gujarat
Court: Gujarat
Decided on: Dec-10-1987
Reported in: (1988)1GLR319
P.M. Chauhan, J.1. Appellant Amu Mavji Khavas is convicted by the learned Additional Sessions Judge, Rajkot, in Sessions Case No. 11 of 1983 for the offencs punishable under Section 302, Indian Penal Code, for committing the murder of Jivuben, wife of his brother Kanubhai Mavjibhai, and sentenced to suffer imprisonment for life and to pay a fine of Rs. 250/-, in default three months further rigorous imprisonment. He is also convicted for the offence punishable under Section 324, Indian Penal Code, for voluntarily causing hurt to witness Karapiya alias Swaminarayan by a knife, and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 150/-, in default rigorous imprisonment for further two months. The substantive sentences were ordered to run concurrently.2. Prosecution case was that Jivuben was the wife of Kanubhai Mavji, younger brother of the appellant-accused. Jivuben was doing masonry labour work at the factory where Karapiya was working as a watchman. Kara...
Salamkhan Bachchakhan Pathan Vs. Commissioner of Police and ors.
Court: Gujarat
Decided on: Dec-07-1987
Reported in: 1988CriLJ1346; (1988)1GLR451
A.P. Ravani, J.1. The order of detention dated April 2, 1986 which has been passed under the relevant provisions of the Gujarat Prevention of And Social Activities Act, 1985 (hereinafter referred to as 'the Act') by the detaining authority i.e., Commissioner of Police, Ahmedabad and pursuant to which the detenu has been arrested on Nov. 29, 1986, is challenged by the detenu on various grounds. The petitioner/detenu has been arrested inter alia on the ground that he is a bootlegger as defined under the provisions of the Act and that his activity as bootlegger was prejudicial to the maintenance of public order and, therefore, with a view to preventing him from acting in that manner in future he was required to be detained. The learned Counsel for the petitioner has challenged the legality and validity of the detention order on various grounds. But in the facts and circumstances of the case, it is not necessary to go into detail of other grounds since the petitioner succeeds on one ground...
Mehendra Mills Ltd. Vs. Union of India
Court: Gujarat
Decided on: Dec-05-1987
Reported in: 1989(19)ECC118; 1989(23)LC123(Gujarat); 1988(36)ELT563(Guj)
Majumdar, J.1. In this group of Special Civil Applications certain common questions under the Central Excises and Salt Act, 1944 (hereinafter called as the Act) are raised and hence they were heard together and are being disposed of by this common judgment. All the petitioners are running composite textile mills in this city. They have got both the spinning and weaving departments in their mills. In their spinning department, they manufacture yarn. This yarn is taken out from the spindles and shifted to the weaving department where it is utilised for manufacturing fabrics. The respondent authorities exercising power under the Act and the rules framed thereunder insisted that during the relevant time while preparing the price lists of manufactured fabrics the concerned petitioners mills companies should have included the excise duty payable by them on yarn which was earlier manufactured by them in the spinning department and which was captively consumed by them for manufacturing the end...
Indian Oil Corporation Ltd. Vs. Gandhi Travels and Tours
Court: Gujarat
Decided on: Dec-03-1987
Reported in: (1988)1GLR316
R.C. Mankad, J.1. Rule. Mr. J.G. Shah, learned Counsel waives service of the Rule on behalf of the respondent. With the consent of the parties, this petition is taken up for hearing today.2. This petition arises out of a suit being Regular Civil Suit No. 1606 of 1987, filed by the respondent in the Court of the learned Civil Judge, Senior Division at Vadodara praying for a declaration that the petitioner who is defendant in the suit, has no right to extend the contract of M/s. Janta Transport Services beyond December 14,1987; and for a permanent injunction restraining the petitioner from extending the period of the said contract. The respondent made application Exh. 5 in the said suit praying for an injunction to restrain the petitioner from extending the term of the aforesaid contract beyond December 14, 1987 or to engage M/s. Kabir Transport in the same job. The learned Judge who heard the application Exh. 5, granted ex-parte ad interim injunction as prayed for by the respondent till...
Ahmed Husan Alias Kalio Shaikh Husen Shaikh Vs. Commissioner of Police ...
Court: Gujarat
Decided on: Dec-03-1987
Reported in: (1988)1GLR350
A.P. Ravani, J.1. Petitioner detenu challenges the legality and validity of the detention order dated July 12, 1987 which has been passed by the Commissioner of Police, Ahmedabad City, under the relevant provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 (hereinafter referred to as 'the Act').2. The petitioner has been detained inter alia on the ground that he is a 'bootlegger' and his activity as 'bootlegger' is adversely affecting the maintenance of public order and, therefore, with a view to preventing him from acting in this manner it was necessary to detain him. The order of detention is challenged inter alia on the ground that the detaining authority himself has not applied his mind to the material on the basis of which the order of detention is passed and has mechanically passed the order. These allegations have in terms been made in para 29 of the petition. In the affidavit in reply filed by the detaining authority the aforesaid allegations are sought to b...
Noormohmad Ismail Shaikh Vs. Commissioner of Police and ors.
Court: Gujarat
Decided on: Dec-03-1987
Reported in: (1988)1GLR356
A.P. Ravani, J.1. Petitioner has been detained under the relevant provisions of the Gujarat Prevention of Anti-Social Activities Act, 1985 as per order of detention dated April 28, 1987 passed by the Commissioner of Police, Vadodara. At the time of service of the detention order, petitioner has been served with the grounds of detention also.2. Learned Counsel for the petitioner has assailed the legality and validity of the detention order on the ground that the copies of the externment order dated April 3, 1983 and the judgment and order dated August 21, 1985 passed by this High Court quashing and setting aside the earlier detention order passed under the relevant provisions of the Act have not been supplied to the detenu and this has resulted into infraction of petitioner's fundamental right under Article 22(5) of the Constitution of India inasmuch as he has not been able to make effective representation against the order of detention. This challenge is sought to be met by the learned...
Kantilal Rajhuram Thakkar Vs. the Director of Agricultutal Marketing a ...
Court: Gujarat
Decided on: Dec-02-1987
Reported in: AIR1989Guj9; (1988)1GLR376
ORDER1. Petitioner, who is member of the Patan Agricultural Produce Market Committee hereinafter referred to as 'the Committee), has filed this petition praying that respondents be directed to hold election of Chairman and Vice-Chairman of the Committee.2. The following facts are undisputed:-The Committee of which the petitioner is member was elected in 1981 for a period of four years. The period of four years expired on Sept. 30, 1985. However, the election of the new committee was held on Nov. 30.1985. This new committee has not come into existence as disputes relating to its election have been raised. Under S. 11(4)(b) of the Gujarat Agricultural Produce Markets Act. 1963, the term of the committee is deemed to be extended to and expire with the day immediately before the date of the first General Meeting of the Market Committee as reconstituted on the expiry of its term. Therefore, the term of the Committee of which the petitioner is member will continue to be in existence till the...
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